ORIENTAL INSURANCE CO LIMITED Vs. MANGLA

JUDGEMENT

(1.) The miscellaneous appeal has been filed by the appellant/non-applicant No.3 against the award dated 15.11.2000 passed by the Motor Accidents Claims Tribunal, Betul in Claim Case No.34/99 whereby, it was ordered that the non-applicants/respondents shall pay Rs.1,01,000/ compensation jointly and severally to the applicants along with interest and costs.

(2.) The respondent No.1/claimant filed a petition under Section 166 of the Motor Vehicles Act for grant of compensation against the non-applicant No.3/appellant and respondent Nos.2 and 3 on the grounds that on 8.12.98, the applicant was going on a bicycle and at that time, the truck No. MP-28B/0971 came from opposite direction and dashed against the claimant as a result of which, she sustained injuries. The said truck was being driven rashly and negligently by non-applicant No.1. A report was lodged and charge-sheet was filed against the non- applicant No.1. The non-applicant No.2 was owner of the truck and it was insured with the non-applicant No.3/appellant. The claimant became permanent disabled because of injuries sustained by her. She claimed more than Rs. 6,00,000/compensation from the non-applicants on various grounds.

(3.) The non-applicant No.1/respondent No.2 failed to file his reply whereas, the replies were filed on behalf of rest of the respondents in the Tribunal. Apart from raising various objections, the non-applicant No.3/appellant raised this objection that the truck was being driven by an un-licenced driver at the time of accident, therefore, no liability can be fastened on the Insurance Company for payment of compensation.